I-9 / E-Verify

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced a further extension of the flexibility in complying with the in-person requirements related to Form I-9 due to COVID-19. The temporary policy was originally put in place for the period of March 20, 2020 until May 19, 2020. It was extended until June 18 and now it has been extended another 30 days.
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Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver’s license, a state ID card, or other Form I-9, Employment Eligibility Verification, List B identity document. Considering these circumstances, DHS is issuing a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.
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Immigration and Customs Enforcement (ICE) has announced that effective immediately, “employers taking physical proximity precautions due to COVID-19” will be temporarily allowed to review new employees’ “section 2” documents remotely when completing I-9 Forms. 

This can include, for example, reviewing the documents via web camera or emailed images. This relaxes long-standing policy that ordinarily requires a physical, in-person inspection.

Bear in mind, however, that: The flexibility is only available when because of COVID-19 arrangements specifically, there are no employees physically present at what would otherwise be the employee’s work location; and

An employer that uses this option must provide written documentation of its “remote on boarding and telework policy for each employee.” 

The employer should still retain copies of the remotely-inspected documents – e.
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These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first.
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USCIS notice that a new version of Form I-9 (Employment Eligibility Verification) with a version date of ‘‘(Rev. 10/21/2019)’’ is available for use beginning 1/31/2020. This new version contains minor changes to the form and its instructions.
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The Social Security Administration (SSA) announced in March of this year that it would once again begin issuing “no match” letters to employers who had employees with W-2 information that did not match SSA records. Originally, letters of this nature were issued by the SSA back at the start of 1993. The purpose of the letters was to ensure accurate earning records were being kept in order to calculate social security benefits.
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The Social Security Administration (SSA) has made it clear that in spring 2019, they would be notifying employers, as well as third-party payroll companies, if they submitted any W-2s that had a name and social security number (SSN) that did not match the agency’s records. These social security mismatch notices began rolling out in March of this year. The SSA states the purpose of the mismatch letters is to make employers aware of corrections that are needed in order for the agency to accurately post employee earnings and correct records.
Issuing mismatch notices is not a new practice for the SSA. Starting in 1993 and ending in 2012, the SSA sent out notices to employers when submitted Form W-2s contained a name and SSN that did not correspond with agency records.
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The SSA explains that it's seeking to reconcile discrepancies between the names and Social Security Numbers (SSNs) it has on file with the names and SSNs that employers report. The purpose isn't to support enforcement of immigration law, but rather to "properly post employees' earnings to the correct record." That's an important distinction because if you confused such a letter with, for example, a "tentative non-confirmation" red flag coming from the US Department of Homeland Security's E-Verify system, you might unintentionally take an action that would get you into trouble. 
 

In other words, you should NOT take any adverse action (for example, a suspension or termination) against any employees who provided inaccurate information. You may suspect the worker gave you someone else's SSN because he or she doesn't have a legitimate SSN, but taking the matter into your own hands could inadvertently could violate state and federal nondiscrimination laws.
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Employers

Form I-9

Even though Form I-9 support representatives were unavailable during the lapse in government appropriations and E-Verify service was disrupted, employers were still required to complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment in the U.S. during that time, as long as the person works for wages or other remuneration.
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U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
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What is my legal obligation as an employer to verify an employee’s right to work in the U.S.?

Before hiring a new employee, employers are required to ensure an employee is eligible to work in the United States.  Knowingly hiring illegal employees or failing to inquire as to an employee’s immigration status could result in legal fines and other penalties.  Employee eligibility is typically determined through Read more . . .